The High Court of Madras dismissed a withdrawn writ petition challenging fee fixation orders, granting liberty to raise objections regarding future academic year fees.
Writ Petition dismissed as withdrawn with liberty to raise objections regarding future fixation of fees for academic years 2018-2019.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:21.07.2017
Coram
THE HONOURABLE Mr. JUSTICE M.VENUGOPAL
AND
THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU
W.P.No.32105 of 2015 and
M.P.Nos.1 and 2 of 2015
Mahindra World School (290155) managed by Mahindra World School Educational Trust,
Plot No.30, 2nd Avenue, Mahindra World City, Kancheepuram – 603 002.
Rep. By its Authorised Signatory,
Mr.R.Eswaran
.. Petitioner
Vs.
1.The State of Tamil Nadu
rep. By its Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009.
Private Schools Fees Determination Committee, PTA Building, DPI Campus, Chennai – 600 009.
Central Board of School Education, New No.3, Old No.1630, J Block, 16th Main Road, Anna Nagar West, Chennai – 600 040. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records culminating into the order dated 29.04.2013, Review Order dated 22.10.2013 and order dated 12.05.2015 passed by the second respondent in respect of the Petitioner School (290155) pursuant to
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the direction of Hon'ble Supreme Court of India, quash the same and consequently, direct the 2nd Respondent to verify whether the fee proposed by the Petitioner School is in commensurate with the facilities provided in the Petitioner School in view of the provisions of Tamil Nadu schools (Regulation of Collection of Fee) Act 2009 by considering the materials, details and documents submitted by the Petitioner's School on 23.08.2013 along with the Memorandum of Objections dated 23.08.2013.
For Petitioner : Mr.R.Bharath Kumar
For R1 : Mr.K.V.Dhanapalan
Special Government Pleader
For R2 : Mr.Sanjay Gandhi
Additional Government Pleader
For R3 : Mr.G.Nagarajan
O R D E R
[Order of the Court was made by M.VENUGOPAL, J.]
The Learned Counsel for the Petitioner has filed a Memo dated 21.07.2017 before this Court, among other things, mentioning that the Petitioner may be permitted to withdraw the present Writ Petition No.32105 of 2015 with liberty to raise objections before the Fee Determination Committee in the matter of fixation of Fee for the future Academic Years beginning from 2018 – 2019, of course, in the manner known to Law and in accordance with Law and without being influenced by the findings in the earlier orders while determining fee to the Petitioner's School in future.
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2.Recording the aforesaid fact, the Writ Petition is dismissed as withdrawn, granting liberty to the Petitioner to raise all factual and legal pleas before the 2nd Respondent/Fees Determination Committee in regard to the fixation of fee for the academic years beginning from 2018-2019, of course, in the manner known to Law. It cannot be gainsaid that the Committee in question is to pass necessary orders in regard to the fixation of fee for the academic year 2018-2019 uninfluenced by the findings rendered by it in the earlier orders at the time of fixing fee to the Petitioner's School in the near future. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. (M.V., J.) (P.D.A., J.) 21.07.2017 Speaking Order Index :Yes / No Internet :Yes / No Sgl
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M.VENUGOPAL, J. and P.D.AUDIKESAVALU, J.
Sgl
To
2.The Member Secretary,
Private Schools Fees Determination Committee,
PTA Building, DPI Campus, Chennai – 600 009.
3.The Regional Officer,
Central Board of School Education,
New No.3, Old No.1630,
J Block, 16 th Main Road,
Anna Nagar West, Chennai – 600 040.
W.P.No.32105 of 2015
21.07.2017
Mahindra World School (290155)
State of Tamil Nadu
Member Secretary, Private Schools Fees Determination Committee
Regional Officer, Central Board of School Education
M. Venugopal
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
